Obesity: Should there be a Law Against it?

[Sapphire Capital]

Obesity: Should there be a Law Against it? Introduction to a Symposium

Roger Magnusson
University of Sydney - Faculty of Law



Australia and New Zealand Health Policy, Vol. 5, No. 9, 2008
Sydney Law School Research Paper No. 08/56


Abstract:
The rapid rise in rates of overweight and obesity among adults and children in Australia and New Zealand has intensified debate about the most effective policies for obesity prevention. Law has much to contribute to this policy discussion, although its role is often misunderstood. The articles in this symposium follow on from a conference hosted in September 2006 by the Centre for Health Governance, Law & Ethics in the Faculty of Law, University of Sydney, titled: Obesity: should there be a law against it? In different ways, these articles provide a variety of perspectives on regulatory responses to obesity, including theoretical justifications for a legal approach, conceptual models that assist in making sense of law's role, as well as specific legal strategies for obesity prevention in various settings.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1144382_code609399.pdf?abstractid=1144382&mirid=3

[Sapphire Capital]

What's Law Got to Do with it? Part 1: A Framework for Obesity Prevention

Roger Magnusson
University of Sydney - Faculty of Law



Australia and New Zealand Health Policy, Vol. 5, No. 10, 2008
Sydney Law School Research Paper No. 08/57


Abstract:
This article provides a conceptual framework for thinking about the role of law in responding to population weight gain in Australia. Part 1 focuses on two core questions. Firstly, in pursuing the aim of weight reduction at the population level, what should law be trying to influence? The challenge here is to identify a of the determinants of obesity that is adequate for legal purposes and that illustrates the entry points where law could best be used as an instrument of public health policy. Secondly, what kinds of strategies and tools can law offer to obesity prevention? The challenge here is to identify a of law that captures the variety of contributions law is capable of making, at different levels of government, and across different legal systems.

In Part 1 of the article, I argue that although law can intervene at a number of levels, the most important opportunities lie in seeking to influence the social, economic and environmental influences that shape patterns of eating and nutrition across the population as a whole. Only policies that impact broadly across the population can be expected to influence the weight distribution curve that has shifted relentlessly to the right in recent decades. Part 2 of the article builds on this analysis by offering a critical review of selected legal strategies for healthier nutrition and obesity prevention.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1144383_code609399.pdf?abstractid=1144383&mirid=3

[Sapphire Capital]

What's Law Got to Do with it? Part 2: Legal Strategies for Healthier Nutrition and Obesity Prevention

Roger Magnusson
University of Sydney - Faculty of Law



Australia and New Zealand Health Policy, Vol. 5, No. 11, 2008
Sydney Law School Research Paper No. 08/58


Abstract:
This article is the second in a two-part review of law's possible role in a regulatory approach to healthier nutrition and obesity prevention in Australia. As discussed in Part 1, law can intervene in support of obesity prevention at a variety of levels: by engaging with the health care system, by targeting individual behaviours, and by seeking to influence the broader, socio-economic and environmental factors that influence patterns of behaviour across the population. Part 1 argued that the most important opportunities for law lie in seeking to enhance the effectiveness of a population health approach.

Part 2 of this article aims to provide a systematic review of the legal strategies that are most likely to emerge, or are worth considering, as part of a suite of policies designed to prevent population weight gain and, more generally, healthier nutrition. While the impact of any one intervention may be modest, their cumulative impact could be significant and could also create the conditions for more effective public education campaigns. This article addresses the key contenders, with particular reference to Australia and the United States.

papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1144402_code609399.pdf?abstractid=1144402&mirid=3